pureinheart Posted May 25, 2010 Share Posted May 25, 2010 This is rather embarrassing as I have always had AAA credit rating. Through a series of unforseen events, bad choices on my part, a circumstance snowballed into me getting constant phone calls, threats, and finally being sued. This is a really long story as to how I got here, so won't bore you with that, although to save face, these were not my debts...I know hwo's were they then???? Let's just say my name is on them... I feel like a piece of ......and they aren't even my debts. My self esteem and personal well-being is severely in question at times...I admit, because of this and other things I've wanted to not be on this earth anymore. Any suggestions are welcome...also, what can they really do to me? AQll discussion is welcomed...blast me if need be.... Link to post Share on other sites
txsilkysmoothe Posted May 25, 2010 Share Posted May 25, 2010 Bad things happen to good people. Learn from it and don't beat yourself up. Stop answering your phone. What can come from talking to them at this point? If you can't pay them the conversation will just consist of them treating you less than human. If you can pay them, you still don't need to talk to them - send them the money. Have they offered to settle the debt? They will. That is probably your best opportunity to get the matter resolved and move on. Best wishes. Link to post Share on other sites
Jilly Bean Posted May 25, 2010 Share Posted May 25, 2010 Pure - you need to address this, and resolve it. Not answering the phone won't make it go away. Call them. Quite often, they will write off a certain amount of the debt, and then set up payment terms. Sucks. I get the feeling you cosigned? Link to post Share on other sites
Author pureinheart Posted May 26, 2010 Author Share Posted May 26, 2010 ((((((((thanks for the replies!))))))) One of them is a student loan, and yes I co-signed on that one... What happened was I tried to settle the larger debt (the one that I got papers on saying they were going to sue, and then later got served papers)...had it all wrapped up then when the transaction was going to go down they said they wanted more money. I've done some research on the internet, but I was wondering if there were personal experiences out there, the ones that have gone to court over these issues and what the outcome was. I feel that my research is inconclusive and find that the LSers are the best source for current info. Realising that I am not the only one that has been effected by unforseen happenings.... Link to post Share on other sites
Star Gazer Posted May 26, 2010 Share Posted May 26, 2010 Debt collectors will sue, and win, 99.9% of the time. You signed on the dotted line, and are now obligated on the debt. If push comes to shove, they will sue, get a judgment, and then collect on it via wage garnishment, levies on real property, etc. However, you, as a consumer, are also afforded the protections of the FDCPA and FCRA. But if the outstanding debt is greater than $4-5000, the benefit to you of playing this card is greatly outweighed by the creditor's collection lawsuit. Can you explain a little bit more about the "abuse" you're encountering? Link to post Share on other sites
Jilly Bean Posted May 26, 2010 Share Posted May 26, 2010 What happened was I tried to settle the larger debt (the one that I got papers on saying they were going to sue, and then later got served papers)...had it all wrapped up then when the transaction was going to go down they said they wanted more money. THAT is total crap. Did they say why they reneged on the deal? Did you have it all in writing? If so, I would repursue it with a supervisor or manager. Star's right, though. Debt collectors are relentless in their pursuit. Link to post Share on other sites
Author pureinheart Posted May 26, 2010 Author Share Posted May 26, 2010 Debt collectors will sue, and win, 99.9% of the time. You signed on the dotted line, and are now obligated on the debt. If push comes to shove, they will sue, get a judgment, and then collect on it via wage garnishment, levies on real property, etc. However, you, as a consumer, are also afforded the protections of the FDCPA and FCRA. But if the outstanding debt is greater than $4-5000, the benefit to you of playing this card is greatly outweighed by the creditor's collection lawsuit. Can you explain a little bit more about the "abuse" you're encountering? By abuse am referreing to relentless phone call "attempts"...I don't answer my phone any more...up to 5 or more calls per day. Letters in the mail..don't want to get the mail anymore either:o Big giant people coming to my house scarring me (this was for information concerning a person I knew who owed money). I mean this is ridiculous. Can they get my bank accounts...there's not that much anyway... Link to post Share on other sites
Author pureinheart Posted May 26, 2010 Author Share Posted May 26, 2010 THAT is total crap. Did they say why they reneged on the deal? Did you have it all in writing? If so, I would repursue it with a supervisor or manager. Star's right, though. Debt collectors are relentless in their pursuit. No, I got nothing in writing, but do have a witness that listened in on the call. Yes, I know...wish I didn't.... It's crazy JB... Link to post Share on other sites
Jilly Bean Posted May 26, 2010 Share Posted May 26, 2010 Can they get my bank accounts...there's not that much anyway... If they sue you, and win, they can put a lien on all your assets, and garnish your wages. Really, your best bet is to either contact them directly to negotiate a deal, or, contact a debt attorney who can do it on your behalf. TOTALLY sucks. Now, the person who really owes the money - can you find them? Link to post Share on other sites
Author pureinheart Posted May 26, 2010 Author Share Posted May 26, 2010 If they sue you, and win, they can put a lien on all your assets, and garnish your wages. Really, your best bet is to either contact them directly to negotiate a deal, or, contact a debt attorney who can do it on your behalf. TOTALLY sucks. Now, the person who really owes the money - can you find them? Hi JB, ya, I know who the person is...have forgiven them already, they don't have any money to repay. Do you know if a person doesn't get served personally, meaning if the creditor just leaves the court papers hanging on the post...can they still get you? Link to post Share on other sites
Jilly Bean Posted May 26, 2010 Share Posted May 26, 2010 Hi JB, ya, I know who the person is...have forgiven them already, they don't have any money to repay. Do you know if a person doesn't get served personally, meaning if the creditor just leaves the court papers hanging on the post...can they still get you? I know that an unscrupulous process server can claim you were served, even when you weren't... I really don't recommend dodging the problem, though. I think you'll be negotiating from a much stronger stance if you take the proactive approach. OK, so it's fine that you've forgiven the debtor, but do they realize what position this puts you in? Do you have any recourse with their family? Link to post Share on other sites
Author pureinheart Posted May 26, 2010 Author Share Posted May 26, 2010 I know that an unscrupulous process server can claim you were served, even when you weren't... I really don't recommend dodging the problem, though. I think you'll be negotiating from a much stronger stance if you take the proactive approach. OK, so it's fine that you've forgiven the debtor, but do they realize what position this puts you in? Do you have any recourse with their family? They are family...my kid. I know a few others in this predicament, co-signed for student loan for their kids and then the kids never found work or just chose not to pay... Really, it's not just this...it's the entire picture. I'm getting relentless calls for people I don't even know threatening me saying, "we were given your number as a back up and we will persue this by calling your job etc...I'm not even kidding or exaggerating. Before my own dilemma, my sons exgf got mad at me and used my name and number to get credit and not paying it...so this has been going on for me for about 7 yrs now, and I'm about ready to scream!!!!! Thanks for the rant. Link to post Share on other sites
califnan Posted May 26, 2010 Share Posted May 26, 2010 They are family...my kid. I know a few others in this predicament, co-signed for student loan for their kids and then the kids never found work or just chose not to pay... Really, it's not just this...it's the entire picture. I'm getting relentless calls for people I don't even know threatening me saying, "we were given your number as a back up and we will persue this by calling your job etc...I'm not even kidding or exaggerating. Before my own dilemma, my sons exgf got mad at me and used my name and number to get credit and not paying it...so this has been going on for me for about 7 yrs now, and I'm about ready to scream!!!!! Thanks for the rant. ------------------- You are Good Hearted.. Pure.. Link to post Share on other sites
Author pureinheart Posted May 26, 2010 Author Share Posted May 26, 2010 ------------------- You are Good Hearted.. Pure.. You are too! Oh and to correct my last post...my sons exgf was mad at him too and wanted to get back at both of us... Name it girl, I might have been through it!!!!!! Link to post Share on other sites
Star Gazer Posted May 26, 2010 Share Posted May 26, 2010 Do you know if a person doesn't get served personally, meaning if the creditor just leaves the court papers hanging on the post...can they still get you? If they make enough attempts to serve you personally (have done their due dilligence), they can "substitute serve" you... via the NEWSPAPER ("service by publication"). Do you want your debts published in the local paper?? Depending on your state's code of civil procedure, posting on the door may also be sufficient. Link to post Share on other sites
Green Posted May 26, 2010 Share Posted May 26, 2010 If they make enough attempts to serve you personally (have done their due dilligence), they can "substitute serve" you... via the NEWSPAPER ("service by publication"). Do you want your debts published in the local paper?? Depending on your state's code of civil procedure, posting on the door may also be sufficient. Please thats for when some ones unlocatable... if they know her adress and where she works and stuff they are not going to get away with that. Link to post Share on other sites
FitChick Posted May 26, 2010 Share Posted May 26, 2010 How old are these debts? Different states have different rules for how long someone can go after you, i.e. if it's four years and this debt was from five years ago, they are out of luck. That won't stop collectors calling because they buy bad debt and hope to get something. If it's past your state's time limit, what you absolutely want to avoid doing is offering to pay a small amount because that will reset the clock and you will be back on the hook. Not many people know about this "trick." Link to post Share on other sites
Green Posted May 26, 2010 Share Posted May 26, 2010 How old are these debts? Different states have different rules for how long someone can go after you, i.e. if it's four years and this debt was from five years ago, they are out of luck. That won't stop collectors calling because they buy bad debt and hope to get something. If it's past your state's time limit, what you absolutely want to avoid doing is offering to pay a small amount because that will reset the clock and you will be back on the hook. Not many people know about this "trick." Well one of the debts she mentioned is a student loan... and I'm not a lawyer but I doubt that trick will work for student loans... Link to post Share on other sites
Star Gazer Posted May 26, 2010 Share Posted May 26, 2010 Please thats for when some ones unlocatable... if they know her adress and where she works and stuff they are not going to get away with that. Um, yes they can. If the person is evading service, all the process server has to do is do their due diligence (10 attempts has sufficed for my folks all the time), and the court can and will grant service by publication. Link to post Share on other sites
Green Posted May 26, 2010 Share Posted May 26, 2010 Um, yes they can. If the person is evading service, all the process server has to do is do their due diligence (10 attempts has sufficed for my folks all the time), and the court can and will grant service by publication. Stop trying to scare the women, its not going to happen to her... are you working for the debt collection agencies? Link to post Share on other sites
Star Gazer Posted May 26, 2010 Share Posted May 26, 2010 Stop trying to scare the women, its not going to happen to her... are you working for the debt collection agencies? Just stating the facts. I'm an attorney, and am very familiar with these processes. I've served many people via publication over the years, and know exactly what a judgment creditor can and will do to recover outstanding debts. Sorry to break the bad news to ya! Link to post Share on other sites
Green Posted May 26, 2010 Share Posted May 26, 2010 Just stating the facts. I'm an attorney, and am very familiar with these processes. I've served many people via publication over the years, and know exactly what a judgment creditor can and will do to recover outstanding debts. Sorry to break the bad news to ya! You don't know what state she is in... for all you know she is in FL and can pull an OJ with the homestead laws Link to post Share on other sites
Star Gazer Posted May 26, 2010 Share Posted May 26, 2010 You don't know what state she is in... Hence why I said depending on your state's civil procedure laws! Did you read? That said, while there may be some asset protection in her state, it doesn't protect everything... and those laws still won't prevent her from being SERVED with the lawsuit and having a judgment entered against her (which would hurt her credit even more and is a public record). If she wants to keep avoiding service, she could likely be served by publication. I don't know about you, but I'd rather avoid that embarrassment and just DEAL with what I got myself into. Link to post Share on other sites
Author pureinheart Posted May 26, 2010 Author Share Posted May 26, 2010 Hence why I said depending on your state's civil procedure laws! Did you read? That said, while there may be some asset protection in her state, it doesn't protect everything... and those laws still won't prevent her from being SERVED with the lawsuit and having a judgment entered against her (which would hurt her credit even more and is a public record). If she wants to keep avoiding service, she could likely be served by publication. I don't know about you, but I'd rather avoid that embarrassment and just DEAL with what I got myself into. At this point, I don't care about credit reports, nothing...I am way too screwed to be concerned with that...and also thank God I set myself up ...I don't use or need credit anyway. I know some do, but my life has been way to cut and dry to even do any credit. As far as evading, I don't know if anyone has tried to contact me (serve me), just found it on the fence post...I know of others this has happened to also (this one was a divorce/restraining order service). Also am beyond emarrassment. Thanks SG... Link to post Share on other sites
Author pureinheart Posted May 26, 2010 Author Share Posted May 26, 2010 You don't know what state she is in... for all you know she is in FL and can pull an OJ with the homestead laws LOL...I'm in a state that has had to have protection...thanks Green... Link to post Share on other sites
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